A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On January 14, 2015, the Defendant received a summary order of KRW 7 million from the Suwon District Court to a fine for a violation of the Road Traffic Act (driving) and received a summary order of KRW 7 million. The same kind of power is more than four times.

【Criminal Facts】

On August 1, 2019, at around 06:24, the Defendant driven a motor vehicle D's clinic in the state of alcohol alcohol concentration of about 0.161% from the front point of "C" located in Gangnam-gu Seoul, Gangnam-gu, Seoul to the front side of the intersection of the area of the city of the city of the city of the city of the mountain and the village of the city of the Gangnam-gu, Seoul.

Accordingly, the Defendant driven a car under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigative reports, reports on the circumstances of a drinking driver, records of the control of drinking driving and driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of summary order-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and the fact that the accused repeats drinking driving, it is judged that there is a need to supervise the accused so as not to drive drinking, and especially order probation;

Social service order

The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant did not know about the fact that he was punished five times due to drinking driving, and that the Defendant committed the instant crime without being aware of the fact that he was sentenced to a fine, and that the Defendant was sentenced to punishment in consideration of the health conditions of the Defendant, blood alcohol concentration, driving distance, etc.